Employment Evidence

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REVISION 20 HIGHLIGHTS

In this 2023 edition of Employment Evidence, author David W. Neel brings you expanded and updated coverage of the governing law, including nearly 200 new case summaries and 8 new forms. The highlights include:

Case Summaries and Legal Analysis re:

Plaintiff’s Prior Acts

• Sexual behavior in the workplace
• Sexual conduct outside the workplace
• Prior lawsuit against defendant / against another employer

Defendant’s Prior Acts

• Sexual harassment: pervasiveness; other incidents/complaints to prove notice, motive, intent
• Disparate treatment: discrimination against other protected classes

Financial Evidence

• Undue burden — ADA failure to accommodate
• Defendant’s tactics: “David and Goliath” argument is unduly prejudicial

Plaintiff’s Medical and Psychological Evidence

• Discoverability of medical records governed by relevance standard not “in controversy” standard
• Waiver of psychotherapist-patient privilege (P alleged more than “garden variety” damages)
• Parameters of IME, e.g., videotaping exam; limiting tests given

Employer Responses

• Business judgment defense in “failure to promote” case
• Ellerth/Faragher defense: adequacy of employer’s sexual harassment policy

Attorney’s Fees and Costs

• Contingent fee cases
• Fees awarded to defendant

New Forms

• Plaintiff’s MIL to Exclude Evidence of Separate Lawsuit Against Defendant
• Defendant’s MIL to Exclude Extraneous Witness Testimony
• Plaintiff’s Opposition to MIL to Exclude Extraneous Witness Testimony
• Plaintiff’s MIL to Admit Police Report
• Plaintiff’s Daubert Motion to Prevent Defendant From Using Psych Expert’s Testimony
• Defendant’s Opposition to Daubert Motion to Prevent Use of Psych Expert’s Testimony
• Defendant’s MIL to Bar Evidence of Compensatory and Punitive Damages
• Plaintiff’s Opposition to MIL to Bar Evidence of Compensatory and Punitive Damages

AND MORE!

Additional forms materials are available from James Publishing; access to those materials can be requested directly from James by following guidelines provided within the eBook or emailing forms@jamespublishing.com.

The previous edition's ISBN is 9781580123662.

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